Cops told to follow drugs law strictly

CEBU - Dangerous Drug Board Undersecretary Clarence Paul Oaminal is calling on the police to take photographs of and immediately conduct an inventory of evidence seized during a buy-bust operation, as required by law.

In a letter to Philippine National Police Chief Jesus Versoza, Oaminal said it is but proper that the police properly comply with the provisions of the Dangerous Drugs Act of 2002, which states that the apprehending team having initial custody and control of the drugs “shall, immediately after seizure and confiscation, physically inventory and photograph the same.”

The law likewise mandates that the inventory and taking pictures of the seized items shall be made in the presence of the accused or the person from whom the items were confiscated, his/her representative or counsel, a representative from the media and the Department of Justice, and any elected public official who shall be required to sign the copies and be given a copy of the inventory.

In his letter, Oaminal cited a ruling of the Supreme Court dated October 15, 2008 in the case People vs. Salvador Sanchez y Espiritu, which absolved the accused from charges owing to the absence of physical inventory and photograph of the seized items.

Oaminal said that should the police not strictly follow the law, there is a possibility that drug cases might just be dismissed because of technicality.

“To avoid dismissal of cases on the same ground it is most respectfully requested that your office issue an administrative directive to ensure the compliance of the requirement set forth under section 21, article II of Republic act 9165,” the letter reads.

Oaminal said there have been many instances when police personnel conducting the buy-bust operation do not bother to conduct physical inventory or take photographs with the excuse that they have no equipment.

Failing to comply with the law is considered as bungling of evidence and the police personnel proven to have committed the same may face 20 years in jail.

Oaminal said following the law not only protects the rights of civilians but also the responding police against harassment suits.

"This step initiates the process of protecting innocent persons from dubious and concocted searches, and of protecting (as well) the apprehending officers from harassment suits based on planting of evidence under section 29 and on allegations of robbery or theft," the letter reads. – Jessica Ann R. Pareja/JMO(THE FREEMAN)